It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936: Now, therefore, be it
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
Originally posted by aptness
Do you not accept the premise that how the Supreme Court interprets the law, and decides a case, has influence over what the law, at that point, is?
Yes, they did. That’s what I’ve been arguing! I’m unsure why you think this helps your case.
Originally posted by Twainfan
If you look at the Wong Kim Ark case, they based the ruling on common law.
The fundamental principle of the common law with regard to English nationality was birth within the allegiance, also called "legality," "obedience," "faith" or "power," of the King. The principle embraced all persons born within the King's allegiance and subject to his protection. Such allegiance and protection were mutual — as expressed in the maxim, protectio trahit subjectionem, et subjectio protectionem — and were not restricted to natural-born subjects and naturalized subjects, or to those who had taken an oath of allegiance; but were predicable of aliens in amity, so long as they were within the kingdom. Children, born in England, of such aliens, were therefore natural-born subjects. ...
It thus clearly appears that by the law of England for the last three centuries, beginning before the settlement of this country, and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction, of the English Sovereign; and therefore every child born in England of alien parents was a natural-born subject, unless the child of an ambassador or other diplomatic agent of a foreign State, or of an alien enemy in hostile occupation of the place where the child was born. ...
The same rule was in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the Constitution as originally established.
[T]he children, born within the realm, of foreign ambassadors, or the children of alien enemies, born during and within their hostile occupation of part of the King's dominions, were not natural-born subjects, because not born within the allegiance, the obedience, or the power, or, as would be said at this day, within the jurisdiction of the King.
Originally posted by gimme_some_truth
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
So,citizenship is defined as " All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
So we must delve a little deeper. I now invite you to read section1401, title 8 of the US code.
Imparticular, this:
(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
So according to US law, one qualifies as a natural born citizen if they were born in the US and one of then is a citizen of the United States who has been physically present in the United States or one of it's outlying possessions for a continuous period of one year.
Obama began with a wry reference to the birther movement, saying to those gathered: "My fellow Americans."
As the C-SPAN camera showed the back of Donald Trump's head, Obama noted the controversy over his birth certificate and said: "Tonight for the first time I am releasing my official birth video."
Then a video of a scene from "The Lion King" played briefly before it was cut off. "Oh well," Obama said.
Originally posted by Twainfan
reply to post by aptness
Did you miss this part:
"In Steel Co. v. Citizens for a Better Environment (1998) the court said “jurisdiction is a word of many, too many, meanings.” Therefore, it is important to discover the operational meaning behind “subject to the jurisdiction” as employed under the Fourteenth Amendment rather then assuming its meaning from other usages of the word jurisdiction alone. Both Sen. Trumbull and Sen. Howard provides the answer, with Trumbull declaring:
The provision is, that ‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’ That means ‘subject to the complete jurisdiction thereof.’ What do we mean by ‘complete jurisdiction thereof?’ Not owing allegiance to anybody else. That is what it means."
That was a 1998 Supreme Court ruling. Their words, not mine. Look it up. They cite the words of the men of wrote the 14th Amendment.
By your reasoning, Bin Laden, Ahmadinejad or any other nut case could come over here and get any woman that is a US citizen pregnant and their child could then be President? That is precisely the kind of thing the Founders and Framers were against and why they used the term "natural born citizen" and they meant it to be a child of 2 US Citizen parents.
Originally posted by civilchallenger
To the best of my knowledge, the word "natural born" citizen was used in 1776 to mean "parents who were both citizens of the same country of their infants birth".
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
Originally posted by NuclearPaul
Wow! Didn't realize both parents must be US citizens.
I have a feeling this card will be played by TPTB when the time is right.
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
So,citizenship is defined as " All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
I admit, that is not very detailed...
So we must delve a little deeper. I now invite you to read section1401, title 8 of the US code.
Imparticular, this:
(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
So according to US law, one qualifies as a natural born citizen if they were born in the US and one of his parents is a citizen of the United States who has been physically present in the United States or one of it's outlying possessions for a continuous period of one year.
It has already been proven that Obama was born in Hawaii in 1961. So that makes him a US citizen. His mom was born and raised in the United States, spending far more than just one Continuous year inside of our borders...
Therefore, according to US law, Obama is a natural born citizen and eligible to be the president. Regardless of his dad's citizenship... Obama was born in the US and so was his mom, who did spend at least one continuous year, on US soil....
Peace and love.
edit on 30-4-2011 by gimme_some_truth because: (no reason given)
Originally posted by kerazeesicko
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
Am I reading this properly...You can run for a presidency ...if your a natural born citizen..or if you become of citizen of the united states. Because it states...Natural born citizen OR A citizen of the United States. Meaning you do not have to be natural born. So you have to have been at least a resident of USA for at least fourteen years before you can apply for presidency.